[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Notices]
[Pages 56883-56884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17905]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Agreed Modification of Consent 
Decree Under The Comprehensive Environmental Response, Compensation, 
and Liability Act

    On August 11, 2023, the Department of Justice lodged a proposed 
Agreed Modification of the Consent Decree with the United States 
District Court for the Western District of Michigan in the lawsuit 
entitled United States of America and the State of Michigan v. NCR 
Corporation, Civil Action No. 1:19-cv-01041.
    The United States, on behalf of the United States Environmental 
Protection Agency (``EPA''), and the State of Michigan, on behalf 
Michigan Department of Environment, Great Lakes, and Energy, filed suit 
in 2019 against NCR Corporation (``NCR'') under the Comprehensive 
Environmental Response, Compensation, and Liability Act for the 
recovery of response costs and the performance of response work at the 
Allied Paper, Inc./Portage Creek/Kalamazoo River Superfund Site in 
Michigan (the ``Site'').
    The Agreed Modification concern the provisions of the Original 
Consent Decree relating to Operable Unit 5, Area 3 (``OU5, Area 3'') of 
the Site, constituting a portion of the Kalamazoo River. The Original 
Consent Decree included a template Agreed Modification to amend the 
Decree to add the OU5, Area 3 Record of Decision and an updated 
Statement of Work. In May 2022, EPA issued the ROD for OU5, selecting a 
remedy with a current estimated cost of $34,000,000. This proposed 
Agreed Modification of the Consent Decree follows the template from the 
Original Consent Decree and will govern NCR's performance of that work.
    Additionally, the Agreed Modification also makes one minor 
clarifying correction to the Original Consent Decree regarding how NCR 
should make installment payments to EPA for future response costs, 
specifying that the payments should go to the Financial Litigation 
Unit.
    The publication of this notice opens a period for public comment on 
the Agreed Modification of the Consent Decree. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and should refer to United States of America and 
the State of Michigan v. NCR Corporation, D.J. Ref. No. 90-11-2-07912/
11. All comments must be submitted no later than thirty (30) days after 
the publication date of this notice. Comments may be submitted either 
by email or by mail:

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         To submit comments:                     Send them to:
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By email............................  <a href="/cdn-cgi/l/email-protection#3a4a4f58595557575f544e175f5f49145f54485e7a4f495e5550145d554c"><span class="__cf_email__" data-cfemail="b4c4c1d6d7dbd9d9d1dac099d1d1c79ad1dac6d0f4c1c7d0dbde9ad3dbc2">[email protected]</span></a>.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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[[Page 56884]]

    During the public comment period, the proposed Agreed Modification 
of the Consent Decree may be examined and downloaded at this Justice 
Department website: https://www.justice.gov/enrd/consent-decrees.
    We will provide a paper copy of the proposed Agreed Modification of 
the Consent Decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $57.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Patricia McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-17905 Filed 8-18-23; 8:45 am]
BILLING CODE 4410-15-P


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